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Commercial lawyers for international investors in Spain

Setting up a Spanish company

We help you to set up companies, to open branches as well as in all the legal and tax business operations.

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Setting up a Spanish company

Commercial lawyers for international investors in Spain

G&G Studio

Delegate the management to an English-speaking legal team in Spain.

Costa Blanca Concierge Service

A team of lawyers, architects, economists and managers, working in the management of Real Estate Investments.

ideal place to live

We get to know your ideal place to live, listen to your needs and make your decision come true safely and securely.

digital technologies designed to represent you from a distance

We work remotely with digital technologies designed to represent you from a distance, guaranteeing your privacy.

Legal advice along the entire Spanish coast

Legal advice along the entire Spanish coast including the Balearic and Canary Islands.

collaborate with lawyers, notaries and economists from your home country.

We can collaborate with lawyers, notaries and economists from your home country.

8 Steps to create a solid partnership on the Spanish Coast

Setting up a Spanish company
  1. Management of the opening of a bank account for the company.
  2. Search and request for a company name.
  3. Preparation of the documentation for the signing of the deed at the notary’s office.
  4. Preparation of the company’s statutes regulations.
  5. Accompany to the notary’s office or representation by proxy.
  6. Establish the rules on share capital and its disbursement.
  7. Mercantile powers for the administrator or manager.
  8. Management of the registered office.
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We belive in the strength of a multidisplicinary team

Each case and each client is worked on as a team. Never a matter is handled by one person alone.

Maria José García Garrido

  • Spanish
  • English
  • German
  • Italian

Founder, lawyer specialized in real estate investments. She directs G&G Studio and has more than 25 years of experience in the legal and investment sector; she is a specialist in civil real estate law, investments in Spain, inheritance and urban planning law. Extensive experience in negotiations.

Habitat Studio
Legal Studio

Cristina Seguí Noguera

  • Spanish
  • French

She knows perfectly well how to search in the Catastro and in the Land Registry the necessary information to know the legal situation of a Spanish property and how to correct any error she may find.

Habitat Studio
Legal Studio

Stefanie Schubert

  • Spanish
  • English
  • German

Assistant Manager. Administrative officer, financial management and department of clients and management. She works in a team with the director María José García Garrido. Her efficiency, loyalty, professionalism and commitment stand out. She loves her job and she shows it in her treatment of clients and her colleagues.

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Legal Studio

Setting up a Spanish company

Setting up a Spanish company

How to Constitute a company in Spain from abroad

Foreign investors or entrepreneurs who are considering living in Spain or starting a business activity here, the first thing they ask themselves is how they can create the company. 

What documents are needed? What steps do you need to take to set up a company? 

We explain everything you need to know. 

Another question that arises is whether to create a new company here or open a branch office. 

Creating a company or opening a branch in Spain? 

The first thing that a foreign entrepreneur who wants to operate in Spain should consider is whether it is convenient for him to do so through a Spanish company or under his own foreign legal company with the opening of a branch. 

Both alternatives are subject to a very similar burden of accounting, tax and administrative obligations, but there are variations, and they must be taken into account when making one or the other decision.

The decision will depend primarily on operational and administrative issues. 

Customers and suppliers generally have more confidence in operating with a Spanish company. Especially those who are not used to working with foreign operators. 

It is also true that in case of tenders it is necessary to prove certain previous experience so in some cases it would be convenient to open a branch of the foreign company. It will depend on each individual case. 

As always, it is best to find out about your specific situation. 

What other aspects can influence the decision? 

The fiscal aspect. Although tax regulations tend to give the same treatment to companies and branches, it is true that in some cases quantitative differences in taxation arise.

What kind of company? What basics should be taken into account? 

If you have decided to incorporate a company, you should consider what legal form to choose from the different types that exist in Spain. 

The most frequent are: 

  • Sociedad de responsabilidad limitada (S. L. ) Limited
  • Sociedad anónima (S. A. ) 

Both have their own legal Identification and limit the patrimonial responsibility of the partners with respect to the social debts. 

The S. L. requires a small amount of capital and makes it possible to limit the entry of third parties to the share capital. It is a suitable vehicle for family businesses or businesses with trusted partners. 

On the other hand, the S. A. requires a higher capital for its incorporation and, as it is an open company, it is designed for business projects that require a higher number of partners and allows freedom in the entry and exit of the share capital. 

The administrators in normal circumstances can be Spanish nationals or residents.

Composition of the administrative body. 

The management and administration in Spanish companies can be managed by: 

  • A single administrator. 
  • Two administrators together or in solidarity 
  • Three or more directors forming a Board of Directors. 

What are the requirements for the foreign entrepreneur to operate in Spain? 

You must obtain a Foreigners’ Identification Number (NIE) if you are an individual or a Tax Identification Code (CIF) if you are a legal entity. 

In the case of a legal entity, the NIE must also be obtained from its legal representative and proof must be provided, by means of the corresponding official document from its country of origin, of the existence and validity of the entity, as well as the identity and powers of its legal representatives. 

It will also be necessary to identify the actual holder. 

First steps to create a company in Spain

1. Company name. 

In the case of the incorporation of a company, the first thing to do is to check with the main Mercantile Register that the company name to be registered is available. Once it has been checked that the name is available, a certificate is requested from the CTMR indicating whether or not the chosen name is available. 

2. Social contribution. 

The cash contribution is deposited with a credit institution which will issue a certificate indicating the names of the founders.

3. Social activity (CNAE). 

The corporate purpose is the activity to which the company will be dedicated. In Spain there is a list of activities called CNAE and you will need to identify this code for the activity or activities your company will be engaged in.

4. Draft of the articles of association. 

Once the name and contribution certificates have been obtained, the founding partners must draw up and approve the articles of association that will govern the operation of the company.

5. Signing of the deed of incorporation at the notary’s office. 

The deed of incorporation must be under notary protocol and must state, among other things: 

  • Registered office 
  • Object. 
  • Share capital. 
  • Appointment of its administrators, directors. 

6. Registration in the Commercial Register. 

The notarial deed, both in the case of the incorporation of the company and in the case of the opening of the branch, must be registered in the Commercial Register of the domicile where they are located, upon presentation of the self-assessment for tax purposes 

7-Powers of attorney. 

It may be advisable in order to expedite the procedures and compliance with legal requirements, is to grant powers of attorney to an independent lawyer in Spain.

8. Apostille of foreign documents and powers of attorney. 

Both the powers of attorney and the foreign documents must be apostilled or submitted to the corresponding legalization process in the country of origin in order to grant them international validity and effectiveness. 

Frequently Asked Questions about Legal Services in Spain

Can you represent my interests throughout Spain?

Of course. Our working system allows us to handle your affairs throughout Spain, especially on the Spanish coast.

Do I have to travel to Spain so that you can take care of my affairs, or can you represent me through POA?

In most cases it is not necessary for you to travel to Spain, as we can represent you by power of attorney in most transactions, such as buying and selling properties, inheritances, formalities before and with the Spanish authorities or court proceedings.

And if I want to sign a power of attorney on your behalf, do I have to travel to Spain to do so?

To sign a power of attorney, you do not have to come to Spain. You can sign it in front of a Notary in your country

Do you work with offices in my country?

Yes, we have partners in most European countries. This is a great advantage in carrying out our work. You can contact us by sending us an e-mail. We look forward to seeing you

Will I be supported personally or by e-mail in my language?

We are an international law firm and strive for a broad linguistic coverage. There is always someone in our team who speaks English, German, Dutch, Italian, Spanish and French.

Why do you need a specialized and independent lawyer in Spain?

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Other legal services

Compliance Services Spain

Compliance Services Spain

Patents and trademarks in Spain

Patents and trademarks in Spain

Make your will in Spain

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G&G Studio Javea

Who we are

Bufete García Garrido was born in 1991 with an international vocation and with the idea of creating a different concept of professional office, a professional services firm integrated with personalized attention, and this philosophy has followed us from the beginning. Now we have more than 25 years of experience in the legal sector, consolidating ourselves as one of the most prestigious law firms on the Costa Blanca, offering specialized and personalized attention.

English Speaking Lawyers in Spain

Lawyers in Jávea

 

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